BHARTIYA AYURVEDIC MEDICAL COLLEGE THRU CHAIRMAN DR DINESH Vs. U O I THRU MINISTRY OF AYUSH NEW DELHI

JUDGEMENT

(1.) The petitioner-institution by means of the instant writ petition raises a challenge to the order dated 22.07.2019 passed by the respondent no. 2 by means of which the petitioner-institution has been denied the permission to run its B.A.M.S. course with 100 seats for the Academic year 2019-20.

(2.) The formal education relating to Ayurved a stream of medical study in India is governed by the provisions of the Indian Medical Central Council Act, 1970, "hereinafter referred to as the Act of 1970". The Act of 1970 more specifically in Chapter II has envisaged a constitution of a Central Council by the Central Government for the purposes of the Act and it is this Council which is the apex body for regulating Ayurved and Homeopathy (More popularly known as Ayush Courses).

(3.) Chapter II-A deals with the powers of the Council to recommend to the Central Government for grant of permission for establishment of new Medical Colleges, new courses of studies amongst others. Section 13-A of the aforesaid Act provides that no person shall establish a Medical College or no Medical College shall open a new or higher course of studies nor increase its admission capacity except with the previous permission of the Central Government in accordance with the provisions of the Act.